Foster

Foster v. Old Republic Title CA1/2

Good Law
Court of Appeal of CaliforniaJune 10, 2015A137270California3,284 words

Opinion

Opinion

Miller, J.

INTRODUCTION

More than four years after plaintiff Ida Foster lost her home to foreclosure, she sued the escrow company involved in the loan on the property, defendant Old Republic Title Company. The trial court sustained Old Republic’s demurrer without leave to amend on the ground that the complaint was time-barred and also failed to state facts sufficient to allege a cause of action. Foster claims the trial court erred. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Ida Foster owned a home on Snapdragon Place in Benicia, California. On December 22, 2006, she entered into a transaction to refinance the loan on the property. The lender in that transaction was Novastar Mortgage, and the escrow company was Old Republic Title Company. The refinancing transaction appears to have involved two separate loans: one in the amount of $608,003, and a second in the amount of $152,001.

1 Foster lost her home on Snapdragon Place to foreclosure in May of 2008. The house was sold at auction on May 1, 2008, and a Trustee’s Deed Upon Sale was recorded on May 9, 2008.1 On June 5, 2012, Foster filed a complaint against Old Republic, alleging three causes of action. Her first cause of…

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